as the Trial Court not able to give finding on the issues, due to non leading of the evidence by the plaintiff. It is well settled, that the person who approached the court should give evidence on his behalf to prove, but the plaintiff though given evidence in examination chief, but was not able to tender himself for cross examination, due to which the suit was dismissed by the Trial Court. When the suit for declaration and injunction is filed, it is nothing but comprehensive suit, the court is required to consider all the evidence including the defense taken by the defendant in the defense. But the issues framed by the Trial Court is only casting the burden on the plaintiff and there is no issues in respect of the defense taken by the defendant in the written statement. That apart, when there was no evidence lead by the plaintiff, the question of giving finding by the Trial Court on the evidence produced by the appellant/plaintiff does not arises. Therefore, I am of the considered view one more opportunity is required to be given to the plaintiff to adduce evidence and tender himself for cross examination by the learned counsel for the defendant, otherwise the case of the plaintiff will be prejudiced and causes injustice to the plaintiff's case, as the plaintiff claimed suit schedule property by way of
